Whitehead v. Young et al, No. 4:2014cv00372 - Document 7 (E.D. Ark. 2015)

Court Description: ORDER approving and adopting 6 Proposed Findings and Recommendations in their entirety as this Court's findings in all respects; dismissing with prejudice plaintiff Billy Whitehead's 1 complaint for failure to state a claim upon which relief may be granted; and certifying that an in forma pauperis appeal from this Order and accompanying Judgment would not be taken in good faith. This dismissal is considered a "strike" within the meaning of the Prison Litigation Reform Act (PLRA), 28 U.S.C. § 1915(g). Signed by Judge Kristine G. Baker on 5/20/2015. (ljb)

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Whitehead v. Young et al Doc. 7 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION BILLY WHITEHEAD, ADC #600614 V. PLAINTIFF Case No. 4:14-cv-00372-KGB-JJV STEVE YOUNG, Commissioner, Arkansas State Parole Board; et al. DEFENDANTS ORDER The Court has reviewed the Proposed Findings and Recommendations submitted by United States Magistrate Judge Joe J. Volpe (Dkt. No. 6). No objections have been filed, and the time for filing objections has passed. After careful consideration, the Court concludes that the Proposed Findings and Recommendations should be, and hereby are, approved and adopted in their entirety as this Court’s findings in all respects. It is therefore ordered that: 1. The Court dismisses with prejudice plaintiff Billy Whitehead’s complaint for failure to state a claim upon which relief may be granted. 2 This dismissal is considered a “strike” within the meaning of the Prison Litigation Reform Act (“PLRA”), 28 U.S.C. § 1915(g). 3. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order and the accompanying Judgment would not be taken in good faith. SO ORDERED this the 20th day of May, 2015. ___________________________________ KRISTINE G. BAKER UNITED STATES DISTRICT JUDGE Dockets.Justia.com

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